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Federal Judge Blocks Background Requirements to Purchase Ammo in California

Posted by Joel Bailey | May 06, 2020 | 0 Comments

Can you buy Ammo in California without a Background Check?

In a constant battle between Gun Rights Advocates and Pressure on government to increase control of firearms, a Southern California Federal Judge has written a scathing, 120-page opinion finding unconstitutional California's requirement of a background check prior to purchasing ammunition.  U.S. District Judge Roger Benitez (R) of San Diego ruled that Prop 63 violated the Second Amendment, and his order granted a preliminary injunction against the restrictions.

Largely in reaction to mass shootings, many states have implemented laws banning the sale of automatic weapons, and restricting the sales of other firearms. In California, Proposition 63 passed in 2016, but took effect July 1, 2019, requiring background checks prior to purchasing ammunition, joining other firearm restrictions in California, such as a ban on most assault weapons and the restriction of sale and possession of Large Cap magazines. Law(s) also require a ten-day waiting period for the sale or transfer of any firearm.

Prop 63 basically required a gun-owner to pay ($1) for a background check of a database each time they sought to purchase ammunition.  They were also required to complete an application to be in that database, and pay a $20 fee.  Advocates for gun control claimed the restrictions and registrations were “minor inconveniences that save lives” but the NRA and gun rights activists claimed they are unreasonable restriction on their rights to keep and bear arms.

Attorney General of California Xavier Becerra is expected to appeal the decision, but current state of California law is that you CAN purchase ammunition (if you can find it) without a background check or applying to be on the database of non-prohibited persons.

About the Author

Joel Bailey

ATTORNEY BIO & EXPERIENCE Attorney Joel W. Bailey was born and raised in San Diego, California. He graduated from La Jolla High School, and earned degrees in Psychology, Sociology and Political Science from UC Santa Barbara, as well as completing a semester at the Universidad de Madrid in Spain....

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